The applicant union applied for certification to represent a group of employees, including captain-waiters and an assistant maitre d'hotel.
The respondent employer argued these individuals exercised managerial functions and that the union was estopped from representing them due to a prior agreement excluding them from a previous certification.
The Board found that the individuals did not exercise managerial functions under section 1(3)(b) of the Labour Relations Act.
The Board also held that the union was not estopped from applying to represent them, as the prior agreement did not result in an unfair advantage for the union or prejudice to the employer.
The Board determined the appropriate bargaining unit and found the union had sufficient membership support.
